[HISTORY: Adopted by the Township Council of the Township
of Mine Hill 7-16-2009 by Ord. No. 11-09. Amendments noted where
applicable.]
The purpose of this chapter is to establish requirements to
control the maintenance of properties within the Township of Mine
Hill so as to protect the public health, safety and welfare and to
prescribe penalties for the failure to comply.
The Zoning Officer or Health Officer of the Township is hereby
authorized and empowered to notify the owner of any private property
within the Township or the agent of such owner to properly dispose
of brush, weeds, dead and dying trees, stumps, roots, obnoxious growths,
filth and debris located on such owner's property which is dangerous
to public health, safety and welfare. The notice shall be by certified
mail, return receipt requested, addressed to the owner at the last
known address as shown on the current tax rolls of the municipality.
Upon the failure, neglect or refusal of any owner or agent so
notified, within 10 days of receipt of such notice, to properly dispose
of such brush, weeds, dead and dying trees, stumps, roots, obnoxious
growths, filth and debris dangerous to the public health, safety or
welfare, said Zoning Officer or Health Officer is hereby authorized
and empowered to pay for the disposing of such brush, weeds, dead
and dying trees, stumps, roots, obnoxious growths, filth and debris
or to order its disposal by the Township.
When the Township has effected the removal of such brush, weeds,
dead and dying trees, stumps, roots, obnoxious growths, filth and
debris or has paid for its removal, the actual cost thereof, plus
accrued interest at the same rate as set for delinquent taxes as set
by the municipality per annum from the date of the completion of the
work, if not paid by the owner prior thereto, shall be charged to
the owner of such property on the next regular tax bill forwarded
to the owner by the Township, and the charge shall be due and payable
by the owner at the time of such bill.
A.
Where the full amount due the Township is not paid by such owner within 60 days after the disposal of such litter, as provided for in §§ 164-2 and 164-3 above, then, and in that case, said Zoning Officer or Health Officer shall cause to be recorded in the office of the Township Clerk a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which the work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection until final payment has been made.
B.
The costs and expenses shall be collected in the manner fixed by
law for the collection of taxes and further shall be subject to a
delinquent penalty of 6% in the event that same is not paid in full
on or before the date of the tax bill upon which said charge appears
becomes delinquent. Sworn statement records in accordance with the
provisions hereof shall be prima facie evidence that all legal formalities
have been complied with and that the work has been done properly and
satisfactorily and shall be full notice to every person concerned
that the amount of the statement, plus interest, constitutes a charge
against the property designated or described in the statement and
that the same is due and collectible as provided by law.
A.
Any person convicted of violating any of the provisions of this chapter shall be subject to the general penalty as established in § 1-3 of this Code.
B.
It shall be deemed a separate and distinct violation, subject to
the penalty provisions of this chapter, for each and every day that
such violation continues.
